There is a Public Employee Relations Board established as an independent unit of State government.

The Board consists of the following five members: a chair appointed by the Governor with the advice and consent of the Senate, representing the public; two members chosen from a list of candidates submitted by each exclusive representative, appointed by the Governor with due regard for any candidates who have majority or plurality support from exclusive representatives, with the advice and consent of the Senate; and two members chosen from a list of candidates submitted by public employers, appointed by the Governor with the advice and consent of the Senate. Each member of the Board: must have knowledge of and experience with labor law, labor mediation, or labor negotiations; may not be officers or employees of a public employer, or of an employee organization; and must be known for objective and independent judgment. Before taking office, each member shall take the oath required by Article I, § 9 of the Maryland Constitution. The term of a member is 6 years. The terms of members are staggered as required by the terms provided for members of the Board on July 1, 2023. A vacancy shall be filled for an unexpired term in the same manner as an original appointment. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. The Governor may remove a member only for incompetence or misconduct. In making appointments to the Board, the Governor shall ensure, to the extent practicable, that the ratio of male to female members and the racial makeup of the Board is reflective of the general population of the State.

A majority of the voting members shall constitute a quorum for: the transaction of any business; or the exercise of any power or the performance of any duty authorized or imposed by law. Formal action may not be taken by the Board without the approval of a majority of the voting members of the Board. The Board shall set the times and places of its meetings, but shall meet at least once per month. An appointed member of the Board is entitled to: the compensation provided in the State budget; and reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget. The chair of the Board shall give full time to the duties of chair and is entitled to a salary as provided in the State budget.

The Board shall appoint an Executive Director of the Board. The Executive Director: is responsible to and serves at the pleasure of the Board; must have knowledge of and experience with labor issues; and is entitled to the salary provided in the State budget. The Executive Director shall perform the duties that the Board assigns, including: operating the office of the Board; and keeping the official records of the Board. The Executive Director may hire any staff necessary to carry out the provisions of this title.

The Board shall appoint up to three deputy directors. The deputy directors: are responsible to and serve at the pleasure of the Board; must have knowledge of and experience with labor issues; must be attorneys who: are licensed by the State at the time of appointment; or will become licensed by the State within 12 months after the date of appointment; and are entitled to the salary provided in the State budget.

The Board is responsible for administering and enforcing provisions of: this title; Title 6, Subtitles 4 and 5 of the Education Article; Title 16, Subtitle 7 of the Education Article; and Title 3 of the State Personnel and Pensions Article. In addition to any other powers or duties provided for elsewhere in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, and Title 3 of the State Personnel and Pensions Article, the Board may: establish procedures for, supervise the conduct of, and resolve disputes about elections for exclusive representatives; establish procedures for and resolve disputes about petitions for bargaining unit clarification; establish procedures for and resolve disputes about petitions and elections for decertification of an exclusive representative; investigate and take appropriate action in response to charges of unfair labor practices, including strikes and lockouts; establish procedures for and resolve disputes about the negotiability of bargaining subjects; on application by an employee organization or public employer, determine that the applicant shall be designated as a joint public employer of public employees in an employer–employee bargaining unit determined in accordance with Subtitle 4 of this title when such determination would best effectuate the purposes of this subtitle; and resolve matters as provided in §§ 6–406, 6–507, and 16–707 of the Education Article. The Board shall have broad discretion to take and order remedial actions when it finds that a party has committed an unfair labor practice, including the restoration of any right, pay, status, or benefit lost by a public employee or group of public employees, due to violations of this title. To enforce the provisions of this subtitle, the Board may: issue subpoenas; and administer oaths and affirmations, examine witnesses, and receive evidence. Except as provided in paragraph (2) of this subsection, the Board shall adopt and enforce regulations, guidelines, and policies to carry out this title. The Board may not adopt any regulation, guideline, or policy that: unnecessarily delays the resolution of disputes over elections, unfair labor practices, or any other matter under this title; or restricts or weakens the protections provided to public employees and employee organizations under this title or under regulations.

If a party has been charged with engaging in an unfair labor practice, a deputy director shall investigate the charge. If the Board, through the deputy director’s investigation, finds that probable cause exists to support the charge of an unfair labor practice, the Board shall: issue a complaint against the party stated in the charge; and not less than 15 days after issuing the complaint, issue a notice of a hearing before the Board or the Office of Administrative Hearings. The Board may not issue a complaint under subsection (a)(2)(i) of this section if the unfair labor practice occurred more than 6 months before the filing of the charge. The deputy directors shall endeavor at all times to seek informal resolution of charges or complaints. The Board and the deputy directors shall make all practical and reasonable efforts to resolve charges and complaints of unfair labor practices in a swift manner. For the purposes of examination and the right to copy, the Board and the deputy directors shall at all reasonable times have access to evidence of a person being investigated or proceeded against that relates to a matter under investigation or in question under this section. If there is a charge of an unfair labor practice resulting from a party’s conduct in collective bargaining and that is alleged to have an effect on the course of collective bargaining: a deputy director shall determine whether there is probable cause for the Board to issue a complaint; if the deputy director determines there is probable cause, the Board shall issue a complaint within 30 days after the filing of the charge; and if a complaint is issued, the Board shall resolve the complaint and issue a final decision within 90 days after the filing of the charge. The Board may accelerate the time to resolve charges and complaints in exigent circumstances under regulations adopted by the Board. The deputy director shall provide relevant information gathered in the investigation of a charge of unfair labor practices to the Board. The charging party has the right to participate in any hearing before the Board or the Office of Administrative Hearings. The Board shall accept documents filed by e–mail.

If a person fails to comply with an order issued by the Board, a member of the Board may petition the circuit court to order the person to comply with the Board’s order. The Board may not be required to post bond in an action under subsection (a) of this section.

The Board is not bound by any prior regulation, order, or action of the State Labor Relations Board, the Public School Labor Relations Board, or the State Higher Education Labor Relations Board, except for decisions regarding unit composition under § 22–403(c) of this title. The Board is bound by prior opinions and decisions of a labor board listed under subsection (a) of this section. A prior order or action of a labor board listed under subsection (a) of this section or any other body may be considered for its persuasive value. The Board shall be bound by judicial orders regarding the scope of bargaining under Title 6, Subtitles 4 and 5 of the Education Article.